Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(Mad) 1078

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. A.P. SHAH & THE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN
J. Parthiban & Others
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Transport Department, Fort St.George, Chennai-9 & Others
W.P.Nos.36423 of 2008, 30273, 33336, 34120, 36968, 37018, 37026, 37876, 37071, 37757, 37630, 37357 to 37359 of 2007, 428, 441, 442, 538, 890, 1063, 1079, 1392, 1393, 1394, 1436, 1437, 1444, 1445, 1496 to 1503, 1510 to 1517, 1652, 1653, 1696 to 1699, 1972 to 1980, 2680, 2681, 1806, 759, 2679, 6091, 6124, 6131 to 6133 and 6137 of 2008 and connected miscellaneous petitions
Decided on : 27-03-2008

Advocates Appeared:
For the Petitioners:K.M. Vijayan, S.C. For M/s. La Law R. Subramanian, SC for Hemalatha, N.R. Chandran, SC for Rajaraman, T.V. Ramanujam, SC for T. Karunakaran, AR.L. Sundaresan for AL. Gandhimathi, A. Sivaji, R.C. Manoharan, V. Kuberan, E. Martin Jeyakumar, P. Chandrasekaran, S. Ramesh Kumar, Advocates. For the Respondents: G. Masilamani, AG asstd. by Raja Kalifulla, GP and V.R. Thangavelu, GA for Government, V.T. Gopalan, SC for V.S.R. Hanu Babu, Koka for Airports Authority of India, P. Wilson, Asst. Solicitor General for UOI.

The power to acquire land for the expansion of the Airport is a separate, distinct, and independent power under Entry 42 of List III, and the State Act was held to be valid and in furtherance of the State purpose.

Headnote:
Acquisition - Expansion of Chennai Airport - Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) - Section 19 of the Airports Authority of India Act, 1994 - Section 3 of the T.N. Acquisition Act
Fact of the Case:

The State Government initiated acquisition proceedings for the expansion of the Chennai Airport under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997. The petitioners challenged the acquisition proceedings and notices issued under the T.N. Acquisition Act, contending lack of competence, absence of environmental clearance, and improper acquisition for rehabilitation.
Finding of the Court:

The Court found that the State Government had the competence to acquire the land for the expansion of the Airport under Entry 42 of List III of the Constitution. It held that the acquisition was valid and in furtherance of the State Act. The Court also noted that environmental clearance was being sought and that the State had the power to acquire land for rehabilitation under the T.N. Acquisition Act.
Issues: The issues involved lack of competence of the State Government, absence of environmental clearance, and the power to acquire land for rehabilitation under the T.N. Acquisition Act.
Ratio Decidendi: The power to acquire land for the expansion of the Airport is a separate, distinct, and independent power under Entry 42 of List III. The Court held that the State Act was valid and in furtherance of the State purpose. It also noted that environmental clearance was being sought and that the State had the power to acquire land for rehabilitation under the T.N. Acquisition Act.
Final Decision: The Court dismissed the writ petitions challenging the acquisition proceedings and notices issued under the T.N. Acquisition Act, allowing the State to proceed with the acquisition and handover the land to the Airports Authority.

Judgment :-

The Honourable Chief Justice:

These writ petitions involving similar questions of law and fact were taken up together and are being disposed of by this common judgment.

2. The challenge in all these petitions is to the acquisition proceedings initiated by the State Government under the Tamil Nadu Acquisition of Land for Industrial Purposes Act, 1997 (Tamil Nadu Act 10 of 1999) (hereinafter referred to as “the T.N. Acquisition Act”) for the expansion of the Chennai Airport. It appears that in the year 2005, the Airports Authority of India wanted to expand the existing Chennai Airport to meet the rapid development in air traffic and air transport. The Airports Authority of India is forced to develop the Chennai Airport as an international hub and to extend the runway to sustain the developing economic growth. The Minister of State for Civil Aviation, Government of India by a letter dated 24. 2005 requested the State Government to provide land for expansion of the existing Chennai Airport. On 211. 2005, the Airports Director, Chennai forwarded a proposal of the Airports Authority of India Board for acquisition/transfer of 583 Hectares (1457.20 acres) of land on the northern side of the existing Airport boundary, to the Government of Tamil Nadu. The Government, after careful consideration of the proposal made by the Airports Authority of India Board, decided to accept the request and granted administrative sanction for acquiring the required land of 583 Hectares in Anakaputhur, Pammal, Pozhichalur, Manapakkam, Kolappakkam, Tarapakkam, Cowl Bazaar, Pallavaram Cantonment and Gerugambakkam Villages in Kancheepuram District, on the northern side of Chennai Airport as per the Land Plan Schedule and Land Plan received from the Airports Authority of India. The necessary permission to acquire the land was also accorded vide order in G.O.Ms.No.91, Transport (I-2) Department, dated 112. 2005.

3. It appears that while initiating the acquisition proceedings it was found that a very large number of families, approximately 10000, are likely to be displaced due to the thickly populated settlement in the villages, particularly, Pammal, Cowl Bazar, Pallavaram Cantonment, Pozhichalur and Anakaputhur. In the light of this, a study was undertaken to identify an alternate site with the least number of structures and settlements. Finally, a fresh proposal was submitted by the District Collector, Kancheepuram vide D.O.No. 50376/2006 FI, dated 03. 2007 to the Airport Director, Chennai to acquire approximately 832 acres of land for the expansion of the Chennai Airport. The Airports Authority of India on examination of the proposal observed that the land offered by the State Government is not sufficient for constructing a parallel runway of sufficient length and other connected infrastructure. The Airports Authority of India therefore suggested two options to make the proposal workable. Option-I entailed acquisition of additional land of 275 acres so as to have a 4000 m long parallel runway. Option-II proposed additional land requirement of 460 acres, where, in addition to the parallel runway, a new terminal building could also be built. By letter, dated 05. 2007, the options were communicated to the State Government with a request to consider the options and communicate its views at an early date. On this basis, the State Government convened the All Legislative Party Leaders meeting on 25. 2007 and accepted option-I suggested by the Airports Authority of India. Accordingly, as a preliminary step of land acquisition as well as to avoid further investments by the general public in the proposed site for acquisition, an order was issued by the Government in G.O.Ms.No.70, Transport Department, dated 07. 2007, wherein the Chennai Metropolitan Development Authority was directed to issue suitable notification to freeze the building activity in the proposed area after getting necessary proposal with full details from the Airports Authority of India. Sub

Click Here to Read the rest of this document

2008 Supreme(Mad) 1078

The power to acquire land for the expansion of the Airport is a separate, distinct, and independent power under Entry 42 of List III, and the State Act was held to be valid and in furtherance of the State purpose.

Cases Referred (7)